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Wilmington, DE Cannabis Regulations: Dispensary Zoning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer distance
300 feet from homes, K-12 schools
Governing section
Wilmington City Code § 48-481
Permitted zoning districts
C-5, M-1, M-2, W-1 through W-4
Adopted
Ord. No. 25-013(sub 1), May 1, 2025

Summary

Retail marijuana stores need a 300-foot buffer from residential zoning districts and K-12 schools, and are allowed by right only in the city's C-5, M-1, M-2, and waterfront manufacturing zoning districts.

A buffer zone of 300 feet shall exist between any marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, or retail marijuana store and any: (1)Residential zoning district; or(2)Public or private school serving any grade between kindergarten and twelfth grade.

Source: Delaware Office of the Marijuana CommissionerView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).

Full Breakdown

Wilmington's zoning code treats retail marijuana stores, cultivation facilities, product manufacturing facilities, and testing facilities as zoning-district-specific uses under City Code § 48-7: permitted only where a district explicitly lists them, not under generic retail or light-manufacturing categories. Section 48-481 then layers on a citywide siting rule: no such facility may locate within 300 feet of a residential zoning district or a public or private K-12 school. The uses are allowed as a matter of right in the C-5 heavy commercial, M-1 light manufacturing, M-2 general industrial, and W-1 through W-4 waterfront districts, subject to that buffer.

Violations & Fines

Siting within the 300-foot buffer of a residential district or a K-12 school violates § 48-481; operating in a zoning district that doesn't explicitly list the use violates § 48-7, both enforced through the zoning administrator and code enforcement.

Frequently Asked Questions

Can a dispensary open near a school in Wilmington?
No. City Code § 48-481 requires a 300-foot buffer between any retail marijuana store and any public or private school serving kindergarten through twelfth grade.
Which zoning districts allow marijuana retail in Wilmington?
C-5 heavy commercial, M-1 light manufacturing, M-2 general industrial, and the W-1 through W-4 waterfront districts allow it by right, subject to the 300-foot buffer in § 48-481.

Sources & Official References

Other rules in Wilmington

Parking Rules: RV & Boat ParkingSignificant RestrictionsBuffer ZonesSignificant RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesHeavy RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsFence Regulations: Retaining WallsSome Restrictions

All Wilmington rules

Compare Wilmington to another location·View the Delaware cannabis regulations overview

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